T 1306/16 (Enzyme foam treatment/Novozymes) of 25.7.2017

European Case Law Identifier: ECLI:EP:BA:2017:T130616.20170725
Date of decision: 25 July 2017
Case number: T 1306/16
Application number: 08709136.9
IPC class: C11D 3/386
C11D 3/00
Language of proceedings: EN
Distribution: D
Download and more information:
Decision text in EN (PDF, 222 KB)
Documentation of the appeal procedure can be found in the Register
Bibliographic information is available in: EN
Versions: Unpublished
Applicant name: Novozymes A/S
Opponent name: The Procter & Gamble Company
Board: 3.3.06
Headnote: -
Relevant legal provisions:
European Patent Convention R 84(1)
European Patent Convention R 100(1)
Keywords: Lapse of patent in all designated states - termination of appeal proceedings


Cited decisions:
Citing decisions:

Summary of Facts and Submissions

I. The Appellant (Opponent) lodged an appeal against the decision of the Opposition Division rejecting the opposition filed against the European patent 2 126 027.

II. By a communication of the Board dated 21 February 2017 the parties were informed that the European patent had lapsed in all the designated Contracting States and that the appeal proceedings may be continued at the request of the Appellant/Opponent, to be filed within two months from notification of the communication.

III. The Appellant (Opponent) did not reply within the time limit of two months.

Reasons for the Decision

1. As apparent from the online Register of the EPO, the patent in suit has lapsed in all the designated Contracting States.

2. Pursuant to Rule 84(1) EPC in conjunction with Rule 100(1) EPC, appeal proceedings are not continued in such a case, unless there is a request to this effect by the Opponent (Appellant) filed within two months from notification by the European Patent Office informing it of the lapse of the patent in suit (see also Case Law of the Boards of Appeal, 8th edition 2016, IV.C.4.1.2, first second and fourth paragraphs).

3. Since no such request was filed by the Appellant (Opponent), the proceedings are terminated.


For these reasons it is decided that:

The appeal proceedings are terminated.

Quick Navigation